Definition and legal basis of the safety officer
A safety officer is a person anchored in German occupational health and safety law who is internally tasked with supporting the employer in workplace safety and accident prevention. The statutory provisions regarding the appointment, duties, and legal framework of safety officers are set out in particular in Section 22 of the Seventh Book of the Social Code (SGB VII). The function of the safety officer is mandatory in almost all companies above a certain number of employees.
Legal principles and regulatory framework
Obligation to appoint and threshold values
According to Section 22 SGB VII, companies with more than 20 employees regularly insured against accidents by law are obligated to appoint one or more safety officers. Smaller companies may appoint a safety officer on a voluntary basis. For determining the precise number of necessary safety officers and their areas of deployment, the accident insurance providers, such as the professional associations, issue further guidelines and recommendations.
Responsibility and relationship to the employer
Safety officers are appointed by the company management and act as an extended arm in implementing occupational safety in the company. The appointment must be documented in writing. Safety officers carry out their tasks on an honorary basis alongside their regular workplace duties and are subject to the employer’s instructions.
Tasks and duties of the safety officer
Support with occupational health and safety
Safety officers have the task of supporting the employer and other responsible persons in implementing measures to prevent workplace accidents, occupational diseases, and work-related health hazards. They work to ensure that occupational safety regulations and rules are observed and implemented. This includes, for example, supporting risk assessments, pointing out deficiencies, and suggesting improvements.
Specific areas of activity
- Participation in inspections and occupational health and safety committees
- Monitoring the company with regard to safety-relevant aspects
- Support during instruction sessions and company health promotion measures
- Involvement in selecting personal protective equipment
- Reporting identified safety deficiencies
- Advising colleagues on safety matters
No authority to issue instructions
Safety officers do not have the authority to issue instructions to other employees. They perform supportive, supervisory, and advisory functions, but do not make independent decisions regarding the implementation of protective measures.
Legal status and liability
Honorary position, protection, and liability limitation
The role of safety officer is performed on an honorary basis and in addition to regular work duties (Section 22 (2) SGB VII). The appointment does not constitute an employment contract for this additional function and is not a company management position. Safety officers have special protection against disadvantages regarding their function. Termination or discrimination because of exercising the safety officer’s duties is not permitted.
Liability for safety officers arises only if they act intentionally or with gross negligence. In the course of their activities, they are protected by statutory accident insurance.
Cooperation with other company stakeholders
Safety officers work closely with occupational safety specialists, company physicians, the works or staff council, and the employer. They are also members of the occupational health and safety committee, provided one is to be established according to Section 11 of the Occupational Safety Act (ASiG).
Appointment, dismissal, and qualification
Appointment and documentation
The appointment of the safety officer is made in writing by the employer. The area of deployment, range of duties, and start of the term should be specified.
Training and expertise
The respective accident insurance provider is obliged to appropriately train safety officers for their tasks. There is an obligation to attend corresponding basic and follow-up courses to obtain and maintain the required expertise for performing the role.
Dismissal and termination
The dismissal of a safety officer may be carried out by the employer but should be objectively justified and done in writing. When the employment relationship ends, the role of safety officer also ends automatically.
Distinction from other company functions
Difference to occupational safety specialist and company physician
Unlike the occupational safety specialist and the company physician, the safety officer is not an external consultant or special company functionary, but rather an internal trusted person without any management authority. He acts as a link between the workforce and management, ensuring that occupational safety concerns are integrated into daily company operations.
Relationship to the works council
The duties of the safety officer do not overlap with the co-determination rights of the works council regarding occupational safety. Simultaneously performing both functions is generally allowed, but independence and freedom in performing the role are recommended.
Rights and protection of the safety officer
Training and leave
The employer is obligated to allow the safety officer to attend all necessary training for their role without any disadvantage to their remuneration. The time spent participating is considered working time. The company covers any associated costs.
Ban on discrimination and special protection against dismissal
Safety officers may not be disadvantaged because of the exercise of their duties. Dismissal related to their function as safety officer is subject to particularly strict requirements. While they do not enjoy absolute special protection against dismissal, they are protected from arbitrary actions by the employer.
Conclusion
The safety officer occupies a central position in the company’s occupational health and safety system. His statutory duties are limited to advisory, supervisory, and supportive functions, the legal basis for which is defined particularly in Section 22 SGB VII. The appointment, ongoing qualification, and special protective status ensure an effective contribution to the prevention of workplace accidents and the promotion of health and safety within the company.
Frequently asked questions
When is a safety officer legally required?
According to Section 22 SGB VII, safety officers must be appointed in companies as soon as this is required due to the nature and scope of the business as well as the existing accident or health hazards. A more precise provision can be found in DGUV Regulation 1 (Principles of Prevention), which requires the appointment of at least one safety officer if the workforce regularly exceeds 20 employees. This applies regardless of the type of company or economic sector. It should be noted that there is no upper limit: in cases of increased accident or health hazards, multiple company sites, or shift work, more safety officers may be necessary. The review of whether and how many safety officers are strictly required results from the risk assessment according to the Occupational Health and Safety Act and, if applicable, from specific professional association requirements.
What legal duties does a safety officer have?
Safety officers, according to Section 22 SGB VII and the provisions of the German Social Accident Insurance (DGUV), are tasked with supporting the employer or company management in implementing occupational health and safety and accident prevention measures. They must draw attention to accident and health hazards and work towards their elimination. The role is honorary and complements, but does not replace, the employer’s responsibilities. Safety officers are often the first point of contact when deficiencies arise and participate in instructing colleagues. However, they do not have direct authority to issue instructions to colleagues. Their tasks must not result in disadvantages to their own employment, and their primary professional duties must continue to be performed.
Who may legally be appointed as a safety officer?
The appointment of a safety officer is carried out by the employer or the responsible manager in accordance with DGUV Regulation 1. The person must be an employee of the respective company, be familiar with the local company processes and hazards, and be reliable. There is no specific legal qualification required; however, they must be adequately qualified for the job. In practice, this means mandatory participation in training organized by the responsible professional association. Managers are not generally excluded, but should not be assigned the role if conflicts of interest may arise.
What are the legal consequences if no safety officer is appointed?
Failure to appoint safety officers constitutes a violation of Section 22 SGB VII in conjunction with DGUV Regulation 1. If a company fails to meet its legal obligation, this can have liability consequences in the event of damage, particularly a breach of supervisory duties or organizational fault. In addition, professional associations may impose requirements or even fines. In the case of repeated or serious violations, the supervisory authority can require further measures to protect employees.
Must the appointment of a safety officer be documented?
Yes, the appointment of a safety officer must be carried out in a legally secure manner and documented for verification. In practice, this means a written appointment by means of an appointment certificate or corresponding notification to the relevant person. This documentation should include the personal details of the safety officer, the area of responsibility, and the date of appointment. In case of review by the professional association, supervisory authority, or in the event of liability, this documentation serves as proof of lawful appointment.
What legal requirements apply to the training of a safety officer?
For the position of safety officer, no specific specialist training is required by law, but the officer must, according to DGUV Rule 100-001, be adequately qualified to properly carry out the role. The required qualifications are imparted in dedicated courses by the professional associations and statutory accident insurance providers, usually over 2-3 days. The employer is obliged to enable the safety officer to take part in such courses and to bear the costs. Regular further training is recommended, even if not explicitly required.
Do safety officers enjoy special protection against dismissal?
Unlike certain functionaries such as works council members, safety officers do not have statutory special protection against dismissal. However, they are protected from disadvantage due to their honorary role (Section 612a BGB). Dismissal cannot be because of the exercise of the safety officer’s role. Dismissals for other, operational reasons are possible, but must not be based on their activity as a safety officer.
